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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-01-OR-254
New World Broadcasting Company, Inc. )
Licensee, Station KCLF(AM) ) NAL/Acct. No.
New Roads, Louisiana 70760 )
) FRN 006-3876-25
Adopted: April 18, 2002 Released: April
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of two thousand dollars
($2,000), to New World Broadcasting Company, Inc. ("New World"),
licensee of Station KCLF(AM), for willful violation of Sections
11.35(a) and 73.1400 of the Commission's Rules ("Rules").1 The
noted violations involve New World's failure to install
operational Emergency Alert System ("EAS") equipment at KCLF(AM)
and its failure to monitor and control the station's transmission
2. On November 27, 2001, the District Director of the
Commission's New Orleans, Louisiana Field Office ("New Orleans
Office") issued a Notice of Apparent Liability for Forfeiture
("NAL")2 in the amount of eleven thousand dollars ($11,000). New
World filed a response on January 10, 2002.
3. On September 20, 2001, a Commission agent from the New
Orleans Office conducted an inspection of Station
KCLF(AM) in New Roads, Louisiana. During the
inspection, the agent found that KCLF(AM) did not have
operational EAS equipment installed and that station
personnel were not monitoring and controlling the
transmission system. Further, the station transmitter
was being left on 24 hours a day in violation of
KCLF(AM)'s authorization. On September 27, 2001, the
New Orleans Office issued a Notice of Violation ("NOV")
to New World for the aforementioned violations. On
October 15, 2001, New World submitted a response to the
NOV. In its response, New World did not dispute the
violations. Rather, New World explained that the
defective EAS equipment would be repaired or replaced,
and that a remote control unit would be installed to
monitor and control the transmission system. On
November 27, 2001, the District Director of the New
Orleans Office issued a NAL for the violations. On
January 10, 2002, New World submitted a response to the
NAL. In its response, New World acknowledges that, at
the time of the inspection, the EAS system at the
station was not functioning and that the transmitter
was unattended and operating without a remote control
or monitoring system. Nevertheless, New World requests
cancellation or rescission of the forfeiture for other
reasons. New World asserts that payment of the
proposed forfeiture would pose a severe financial
hardship. Further, New World submits that because the
language of Section 73.1400(b) provides for unattended
operation of transmitters, it is not clear that any
remote control equipment is required or that New World
violated the rule. New World does not dispute the EAS
violation. Therefore, New World contends that the
forfeiture amount attributable to the Section 73.1400
violation should be rescinded.
4. The forfeiture amount in this case was assessed in
accordance with Section 503(b) of the Communications Act of 1934,
as amended (``Act''),3 Section 1.80 of the Rules,4 and The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). In
examining New World's response, Section 503(b) of the Act
requires that the Commission take into account the nature,
circumstances, extent and gravity of the violation and, with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as
justice may require.5
5. Section 73.1400 of the Rules provides that licensees of
AM, FM, and TV stations are responsible for assuring that at all
times the station operates within tolerances specified by
applicable technical rules contained in Part 73 of the rules and
in accordance with the terms of the station authorization.
Section 73.1400 further provides that any method of complying
with the applicable tolerances is permissible and lists some
typical methods of transmission system operation. The New
Orleans Office proposed a forfeiture against New World for
violation of Section 73.1400 of the Rules because New World had
not employed any method of transmission system operation to
assure that it complied with the time of operation specified in
the station authorization. In its response to the NAL, New World
cites to Section 73.1400(b) of the Rules, which provides for
unattended operation of transmitters, and questions whether any
remote control equipment is required. Whether New World is
required to have remote control equipment is irrelevant. On the
day of the inspection, no method was being employed to maintain
control over the transmitter at the operating position and the
transmitter was operating 24 hours per day, in violation of the
terms of the station license. This was clearly a violation of
Section 73.1400 of the Rules; one which is not affected by
Section 73.1400(b). Further, New World completely overlooks the
language in Section 73.1400 which requires radio stations to
operate in accordance with the terms of the station
authorization.6 We affirm the issuance of the forfeiture for
violation of Section 73.1400 of the Rules. As noted above, New
World does not challenge the EAS violation.
6. New World also claims that payment of the proposed
forfeiture amount of $11,000 would pose a severe financial
hardship. In support of this contention, New World submitted
copies of its 1998, 1999, and 2000 federal income tax returns.
Upon review of the financial documentation provided by New World,
we believe that reduction of the forfeiture amount to $2,000 is
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,7 New World Broadcasting Company, Inc. IS LIABLE FOR A
MONETARY FORFEITURE in the amount of two thousand dollars
($2,000) for violating Sections 11.35(a) and 73.1400(a) of the
8. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.8
Payment shall be made by mailing a check or similar instrument,
payable to the order of the "Federal Communications Commission,"
to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note NAL/Acct.
No. 200232620003, and FRN 006-3876-25. Requests for full payment
under an installment plan should be sent to: Chief, Revenue and
Receivables Group, 445 12th Street, S.W., Washington, D.C.
9. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to New World
Broadcasting Company, Inc. at P.O. Box 9, Parent Street, New
Roads, Louisiana 70760 and to its counsel Bradford D. Carey, Esq.
at Hardy, Carey, & Chautin, L.L.P., 110 Veterans Boulevard, Suite
300, Metairie, Louisiana 70005.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
1 47 C.F.R. §§ 11.35(a) and 73.1400.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
20023262003 (Enf. Bur., New Orleans Office, released November 27,
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 This requirement was also addressed in paragraph 6 of the
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.